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(영문) 수원지방법원 2020.11.25 2020노4900
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was unabundled and exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, since it is clear that the part of the judgment of the court below in relation to the name of the crime "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" and "Embezzlement" are erroneously stated, it shall be corrected ex officio pursuant to Article 25 (1) of the Regulations on Criminal Procedure, since it is obvious that the name of the crime

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